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knew who he was, Don John Guillim came, and, snatching him by the hair, with a naked dagger he gave him a thrust, that overthrew him; then came William Spark and gave him another, so that they gave him five stabs in all; John Baptista Riva thinking to retire to his chamber, there went four of them after him and gave him four wounds, whereof he presently expired; whereby it appears most evidently, that the murder of the ambassador was committed per insidias, appensatè, animo deliberato, et proditoriè ; therefore the church cannot protect them. It was done proditoriously, in regard that Prodere est unum actibus ostendere, et aliud in mente gerere; unde homicidium proditorium est cædes hominis nihil tale suspicantis, as Augustine Barbosa affirms. Just so was Abner killed by Joab; according to the text, he killed Abner in a dishonourable way, viz. fraudulently, when he spoke to him peaccably, therefore Joab deserved to be deprived of the immunity of the temple; and just so was this ambassador killed, and, it may be thought, they deserve not the shelter of the sanctuary, as Joab did not.

But, methinks, I hear the delinquents, to extenuate their delict, whisper, that they killed the said ambassador for an heretick, for a disturber of the publick peace, who particularly fomented the death of the King, and the change of government; and they did operate this to vindicate the death of their King upon a regicide, an enemy to his country, and on an impostor. Moreover,one of the delinquents saith, that in this rebellion, he killed a brother of his, with whom he had a particular enmity. To these arguments I may say, as John Garcia did in his Gloss. Nobilit. Adducuntur leviuscula quædam argumenta, quæ meritò subtaceri poterant; sed satisfaciendum est doctis pariter ac indoctis : Certain light arguments are alledged, which might have been spared ; but we must satisfy the udlearned, as well as the learned. And, concerning the first,

They say, they killed the ambassador for an heretick; so was their King, whom, they pretend, he had helped to murder: But the Catholick church never held yet, that it was lawful to kill a man only for his religion; besides, this ambassador had a royal passport, and was attended all the way, from the sea-side, by his Majesty's servants; and ministers of any religion may have passports for their safety, as John Huss had, and as Charles the emperor gave Luther.

They say, this ambassador came to seduce and deceive by a book of his, which was found among his papers, and a medal which he had, which had, on the one side, Nebart, and on the other XII. and the word obstricti; and they say it signifies those twelve, which gained Nebart, and occasioned the wars: Hence they infer, that he came to deceive. There was also found a crown stabbed with a ponyard. This same argument Joab propounded to David, when he said, Ignoras Abner filium Ner, quoniam ad hoc venit ad te, ut deciperet te, ut sciret exitum tuum, et introitum tuum, et nusse omnia quæ agis. Thou knowest not Abner the son of Ner; for he is come hither to deceive thee, to know thy going. out and thy coming in, and to pry into all things thou dost, as the sacred text tells us : But this could not excuse Joab for killing Abner, who came hither all the way with a safe conduct; and it is the prerogative only of that prince, who gave him the safe conduct, to know the cause of his coming

To come now to a conclusive point, and final period of this plea . The punishment of these men, for having fraudulently, by prepense malice, with a deliberate mind, and proditoriously murdered ihe ambassador of the parliament of England, according to the foregoing circumstances, and by their own spontaneous confessions; I say, the speedy chastisement of these men to death (notwithstandiug the depending process, touching the immunity of the church) is required by six parties that are interested therein, viz.

1. By God himself.
2. By the King.
3. By his subjects.
4. By the publick cause.
5. By the fiscal of the council.

First, God requires it, who watcheth over all crimes, especially those of blood, which cry for vengeance more than any, therefore the procrastination hereof would be offensive to his divine Majesty.

Secondly, The King (whom God preserve) requires speedy execution, in regard some grave doctors do doubt, whether it was a sin in Da. vid to delay the punishment of Joab till after his death, by bequeathing the execution of justice to his son Solomon, as a legacy.

Thirdly, the subjects of the King our Lord require a hastening of the punishment; because it troubles them to see, hard before the King's eyes, and in the Catholick court, so horrid and su«lden a murder committed : Quando accidunt aliqua mala et horrenda, quæ sunt penitus inopinata, solent homines nimium turbari, etiamsi ad illos mala illa non pertineant ; quia ergo mors Abner crat malum quoddam rarum et inopinatum, subito, illo audito, turbati sunt omnes Israelitæ. When some horrid, unexpected, and unusual mischiefs happen, people use to be strangely troubled, though it nothing belongs unto them; therefore, because Abner's death was a kind of extraordinary, sudden mischief, all Israel was troubled at it, as Abulensis speaks upon the second of Kings.

Fourthly, The publick cause requires a sudden execution of justice upon these deliquents, because they murdered two men by fraud, quorum opera utilis videbatur future reipublicæ, whose negotiation was to be pro fitable to the commonwealth, as Gaspar Sanchez saith.

Lastly, The fiscal requires justice for Gol, for the King, for his fel. low-subjects, for the publick cause, and for himself, who concludes with Cokier, in his treatise de legato,

Ac perde has animas, patriam bonus eripe noxå.

To shut up all; the justified cause cries out for speedy justice, in regard that these delinquents murdered an ambassador of the parliament of England. Now to every ambassador there is owing an extraordinary respect, especially to the ambassadors of England: they slew him,though they knew that he had his Majesty's safe conduct; they slew him in the Catholick court, where the right of nations useth to be kept inviolable, and more solemnly than any where else, whereby they committed

not only a foul, treacherous murder, but treason in a high degree against his Majesty; they surprised the ambassador and his secretary at dinner, a harmless hour; they came in like friends; wherefore it may justly be inferred, that this murder was committed per insidias, animo deliberato, appensatè, et proditoriè; by fraud, with a deliberate mind, by forecast, and treacherously. Touching the circumstances, their own spontaneous confessions make them good ; therefore both God, the King, all the vassals of this court, the publick cause, and the fiscal of the council demand a speedy and actual execution of justice upon them, notwithstanding the depending process, and pretensions touching the immunities of the church.

Salva in omnibus, &c.

Such was the charge in the court of Spain, which was delivered, with much aggravation, by the said Dr. Hieronymo Hierro, knight of the order of Calatrava, against John Guillini, William Spark, Valentine Progers, Jo. Halsal, William Arnet, and Henry Progers, who are detained still in prison for killing Anthony Ascham, resident for the parliament of England, and John Baptista Riva, his interpreter; all except Henry Progers, who, being formerly known to the Venetian ambassador, fed to his house for protection, and so made an escape. The suit is still depending, and no resolution taken, in regard the church stands so earnestly for them ; insomuch that it is not known when it will be determined.






On the Third of September, 1651, till his arrival at Paris.

Printed at London, for G. Colbor

1660. Quarto, containing eight pages.


PORTUNE had now twice counterfeited and double-gilt the trophics

of rebellion, and its brazen trumpet repeated victory, betrayed, or Prostituted, before at Dunbar, and now ravished at Worcester, by nu.

• This is the 126th number in the catalogue of pamphlets in the Harleian Library.

merous overpowering force, on that black and white day, September the third, 1651; in the dusk of which fatal evening, when the ashamed sun had blushed in his setting, and plunged his affrighted head into the depth of luckless Severn, and the night, ready to stain and spot her guilty sables with loyal blood, was attiring herself for the tragedy. The King (whose first and conspicuous valorous essay so exceeded all come parison, that it cannot but oblige fate to preserve that matchless courage, and never again to venture, or expose it to any hazard) compelled to abandon the city of Worcester, whose fidelity and affection deserved perpetual memory. After he had quitted his court and lodgings, to which he retired from the field, and having rallied his most faithful and cousiderable friends, divers English lords and gentlemen, who were resolved to accompany him in his flight, was presented by the late renowned Earl of Darby, with one Charles Gifford, Esq. (a person of note, then of that country, and of much manifested honour since to the world) to be his Majesty's conductor in this miraculous blessed escape; who forth with called for one Francis Yates, whom he had brought with him, under the command of Colonel Careless, in a party that met the King, in his advance to Worcester, to be guide-assistant, for the surer finding the by-ways for his Majesty's speed and safety.

In the mean time, Colonel Careless, a gentleman of very gallant and noble endowments, was commanded to sustain the brunt of the pursuing enemy, and to keep them off, while the King might be somewhat in his way; which, with excellent prudence and valour, he did to effect, and afterwards Aed to his old retreat and coverture, passing by Hartlebury castle, then garisoned by the enemy, whom he courageously fought with, and broke through, and came safe to his designed shelter.

Towards three o'clock, Thursday morning, the fourth of September, the King, in company with the said Earl of Darby, Earl of Shrewsbury, Earl of Cleveland, Duke of Buckingham, my Lord Wilmot, and others, to the number of fourscore, came to a place called White Ladies, in the parish of Tong, in the confines of Stafford and Shropshire, being twenty-five miles distant, or thereabouts from Worcester, which space of ground he had rid that night.

The White-Ladies was a house belonging to one Fitz-Herbert, where onc George Pendrill, hearing somebody knocking at the gate so early, and opening the window, espied the aforesaid Francis Yates, who was bis brother-in-law, with Mr. Gifford; to whom he presently opened the door, and enquired of his brother Yates, what news from Worcester ; who told him, that the King was defeated, and in pursuit, and, there fore, bid him to make haste, and put on his cloaths: But, before he could make himself ready, the King, with most of his lords, had entered the house, and come into the hall; where, after a short consultation held amongst them, the Earl of Darby called for William Pendrill, the eldest brother; (you must know, that my lord of Darby had taken this place for a subterfuge, after the defeat given him by Colonel Lilburn, near Wigan, in Lancashire, and was acquainted there, and, by them, conveyed to Worcester to the King; as also, several other gentlemen before had used this for their sanctuary) who being come, George was sent to Tong, to one Robert Beard, an honest subject, to enquire of him, whether there were any scattered parties of the King's thereabouts, or any of the enemies appearing; who brought word, that the coast was yet clear, and no parties at all to be seen. In his return, he met with his brother Richard; for now those few inhabitants, that lived there, were awaked with the noise, and their own ill-boding thoughts and fears of the success at Worcester.

Richard was no sooner come in, but Esquire Gifford called for him, and bid him make haste, and bring with him his best cloaths, which were a jump and breeches, of green coarse cloth, and a doeskin leather doublet; the bat was borrowed of Humphry Pendrill, the miller, being an old grey one, that turned up its brims; the shirt (which in that country-language, they called an hurden, or noggen-shirt, of cloth that is made of the coarsest of the hemp) was bad of one Edward Martin, George Pendrill's band, and William Creswel's shocs; which the King, having presently unstripped himself of his own cloaths, did nimbly put on. His buff-coat, and linnen-doublet, and a grey pair of breeches, which he wore before, he gave into these brothers hands, who forth with buried them under ground, where they lay five weeks, before they durst take them up again. The jewels, off his arm, he gave to one of the lords then departing.

Then Richard came with a pair of shears, and rounded the King's hair, which my Lord Wilmot having cut before with a knife, had untuwardly notched; and the King was pleased to take notice of Richard's good barbering, so as to prefer bis work before my Lord Wilmot's, and gave him the praise of it; and now his Majesty was a-lamode the woodman.

Hereupon, William Pendrill was brought to the King, by the Earl of Darby, and the care and preservation of his most sacred Majesty, committed to his charge, and the rest of the brothers (my lord would have staid too, but there was no undertaking security for them both) and presently the lords touk their heavy lenve, and departed, every one shifting for himself. Only my Lord Wilmot was conveyed, by John Pendrill, to Mr. Thomas Whitgrave's; but he would have left him at several other places, which my lord did, in no wise, approve of; first, at one John Shore's of Hungerhill, thence to John Climpson, thence to one Reynolds of the Hide, so to John Hunspatch's; where passing by Coven, they had notice of a troop of horse in the town, and seeing some men coming behind them (which proved to be friends, though my lord suspected the country rising upon them) they betook themselves into a dry pit, where they staid all evening, and then arrived safely at Mr. Whitgrave's.

The company being all departed, a wood-bill was brought, and put into the King's hand, and he went out with Richard into the adjoining woods. William departed home, and Humphry and George went out to scout, and lay hovering in the woods, to hear or see if any one approached that way. But the King had not been an hour in the wood, before a troop of horse, of the enemy's, came to White-Ladies, and enquired, if some of the King's horse, and himself, passed not that way, and if they could give information of him; to which the town's. folks answered, that, about three hours ago, there was a party of horse

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